Created by Fuzzy Cloud

Patna High Court

Shivji Prasad VermaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to conditions prescribed under Section 480(3) of the BNSS.

Summary

The petitioner, a 70‑year‑old man, was arrested in connection with a fraud involving the purchase of two gold ingots, alleged under Sections 303(2) and 318(4) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution claimed that the petitioner received Rs.30,000 from an informant and handed over counterfeit gold, while the petitioner asserted that the money belonged to him and that he was falsely implicated. He had been in custody since 19 March 2026, with a charge‑sheet already filed, and claimed to have six other cases in which he was on bail. The court considered his advanced age, the period of custody, the filing of the charge‑sheet, and the lack of evidence of flight risk. Accordingly, the court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 480(3) of the BNSS.

Issues considered

  • Whether bail should be granted to the petitioner accused of offences under Sections 303(2) and 318(4) of the Bharatiya Nyaya Sanhita, 2023.
  • Whether the petitioner’s age, period of custody, and filing of charge‑sheet justify bail despite the seriousness of the alleged fraud.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • fraud
  • gold ingot
  • age
  • Bharatiya Nyaya Sanhita
  • Section 303
  • Section 318
  • Section 480
  • Indian criminal law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31925 of 2026
                        Arising Out of PS. Case No.-70 Year-2026 Thana- KOCHAS District- Rohtas
                 ======================================================
                 Shivji Prasad Verma S/o- Late Basudeo Prasad R/v- Baulia Road Nuranganj
                 Sasaram PS- Sasaram Dist-Rohtas

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Vinay Kumar, Advocate
                 For the Opposite Party/s :       Mr. Rajendra Nath Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

3   01-07-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                02. In the present case, the petitioner seeks bail in

                   connection with Kochas P.S. Case No. 70 of 2026 registered for

                   the alleged offences under Sections 303(2) and 318(4) r/w

                   Section 3(5) of Bharatiya Nyaya Sanhita, 2023.

                                03. As per prosecution case, two miscreants gave

                   inducement for purchase of two gold ingots to the informant

                   who had just withdrawn Rs. 30,000/- from bank but the

                   informant refused. Still, one of the miscreants took Rs. 30,000/-

                   and handed over two gold ingots to the informant who

                   subsequently came to know that it was false gold. The informant

                   raised alarm and this petitioner was apprehended but other co-

                   accused persons fled away from the spot.
Patna High Court CR. MISC. No.31925 of 2026(3) dt.01-07-2026
                                            2/3




                       04. Learned counsel for the petitioner submits that the

          petitioner is innocent and has been falsely implicated in this

          case. Learned counsel further submits that the petitioner is 70

          years old person and he has been arrested in this case merely on

          suspicion. Recovery of Rs. 30,000/- has been made from the

          house of the petitioner but the money belongs to the petitioner.

          Learned counsel further submits that the petitioner is having

          antecedent of six cases and is in bail in all such cases. The

          petitioner is in custody since 19.03.2026 and charge-sheet has

          been submitted.

                       05. Learned APP for the State opposes the submission

          made on behalf of the petiitoner.

                       06. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          period of custody of the petitioner along with submission of

          charge-sheet, the petitioner above named is directed to be

          released on bail on furnishing bail bonds of Rs. 10,000/- (ten

          thousand) with two sureties of the like amount each to the

          satisfaction of learned Additional Chief Judicial Magistrate-

          VIII, Sasaram, Rohtas/court concerned in connection with

          Kochas P.S. Case No. 70 of 2026, subject to the conditions

          mentioned in Section 480(3) of BNSS and the following
           Patna High Court CR. MISC. No.31925 of 2026(3) dt.01-07-2026
                                                       3/3




                     conditions:

                                  (i) One of the bailors will be a close relative of

                                  the petitioner.

                                  (ii) The petitioner will remain present on each and

                                  every date fixed by the court below.

                                  (iii) In case of absence on three consecutive dates

                                  or in violation of the terms of the bail, the bail

                                  bond of the petitioner will be liable to be

                                  cancelled by the court concerned.



                                                       (Arun Kumar Jha, J)
Ashish/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.